Medical Malpractice Law

Even with the most thorough training and a pledge to do no harm, medical errors could occur. When medical errors are made and the consequences for patients can be devastating.

Malpractice law is one of the branches of tort law which deals with professional negligence. A malpractice lawsuit must satisfy four essential elements:

In the United States, malpractice claims are typically filed in state trial courts. A variety of legal tools, such as depositions under oath are used to gather information to support the case.

Duty of care

A doctor owes you the duty of care if you have a doctor-patient relationship. This is applicable regardless of whether the doctor treats you in a hospital or at your home. There are certain circumstances where doctors may be held liable for malpractice, even if there is no relationship between the doctor and patient.

A person who owes the obligation of responsibility must behave in the same way as a reasonable person in the circumstances. For example, a motorist has a duty to drive with care and malpractice lawsuit not cause injury to other drivers on the road. If the driver is not upholding this obligation and causes an accident, the driver could be held responsible for any injuries that result.

Doctors are accountable for the treatment of their patients at all times. This includes the time when doctors are not your doctor, like when you ask a doctor for advice in an elevator or in the restaurant. Good Samaritan laws often limit this obligation to be a good Samaritan.

Medical professionals also have a responsibility of care to inform their patients about the risks that are associated with certain procedures and treatments. If they fail to do so, it is a breach of the doctor's duty of care. Doctors can also violate their duty of care if they provide you medication that is known to interact with other medications you are taking.

Breach of duty

In general, doctors have the obligation to their patients to provide medical care that is consistent with accepted standards of practice. This standard is set by current laws and standards drafted by medical associations. If a doctor fails to meet this obligation is deemed negligent. A malpractice lawyer will investigate the evidence to determine if the standard of care was breached.

A doctor can violate their duty of care in a variety of ways. It's not just about whether doctors did something that normal people would not do in the same situation but also things they ought to have done or malpractice lawsuit did not do. In most cases, it requires expert witness testimony to determine what the accepted medical standard of practice would have been.

For instance, a physician who prescribes a medication known to be dangerously interfering with other medications could have violated their obligation. This is a common error that could have serious health consequences.

It is not enough to prove that malpractice occurred. To be awarded damages, you must show an immediate link between the breach of duty committed by the doctor and your injury or illness. This is known as causation. In certain cases it may be difficult to establish the link. A knowledgeable malpractice attorney will work hard to find the evidence required to establish the connection.

Causation

A malpractice claim is valid only if the plaintiff is able to prove that the defendant's negligence resulted in the injury and losses. Expert testimony is required to establish medical negligence. This requires establishing that there was a relationship between the patient and the provider and that the doctor's actions did not meet the accepted standard. It is essential that the injury suffered by someone be directly connected to the act or omission which breached the standard. This is known as causality or proximate cause.

It is important to demonstrate that the negligence of the attorney resulted in significant negative consequences for you when proving legal negligence. It is essential to prove that the cost of a lawsuit far exceed your losses. The plaintiff should also demonstrate that the negligence has caused actual and measurable damage.

The majority of malpractice cases undergo a discovery process that includes oral depositions. Your lawyer can represent your interests in these depositions. They will question experts on defense to challenge their findings and to prove that the evidence is in support of the assertions. It is vital to have an experienced medical malpractice lawyer on your side because the process of establishing the four elements of malpractice, such as duty, breach the duty, causation and injury is a lengthy and complicated process. Your lawyer is familiar with every step in the process and will help you fulfill all requirements. The more steps you follow the better chances you are of winning your claim.

Damages

The amount of compensation that a patient will receive in a medical malpractice claim will depend on the severity their injuries, as well as how much money they will need to pay for medical expenses, lost income, or any other financial losses. In certain instances the plaintiff could also be awarded punitive damages in order to punish the doctor for their conduct. But, they are very rare because doctors must have committed a deliberate or reckless act to be awarded punitive damages.

The law requires that a person asserting medical malpractice demonstrate four elements or legal requirements: (1) there was an obligation of care on the part of the physician; (2) the doctor did not fulfill this duty when he or she departed from the accepted standards of practice; (3) as a consequence of the doctor's negligence, the victim suffered injury; and (4) the harm is measurable in terms of an amount in money. Additionally, the injured party must start a lawsuit within time limit, which varies by state.

The law recognizes that medical malpractice lawsuits can be expensive and complex to resolve, particularly when they are based on complicated issues such as proximate causes or the possibility of foreseeability. Its aim is to grant victims the redress that they deserve, while preventing frivolous and opportunistic lawsuits to delay the justice system. It also aims at reducing costs by making sure that all defendants share the responsibility for a claim's success (joint and multiple liability) while limiting the amount a plaintiff can get if the other defendants do not have funds to pay ("damage caps") and prohibiting doctors from practicing defensive medicine, which includes altering their treatment plans in response to the risk of malpractice lawsuits.